Innocence until proven guilty should mean the burden of proof is on the prosecutor to prove you actually looked at it right? Although that isn't necessarily how it works in the real world. IANAL.

But I also don't understand how they would enforce that you can't use a leaked spec. If there are patents involved that would hinder an open source implementation regardless of if it was clean room or not. I don't think copyright would apply, because the implementation is not the same as the spec. And trademark would only apply if you used hdmi branding materials (so just say something like "this driver provides compatibility with an interface that has been hostile to open source that starts with h and ends with i"), and if you use a leaked spec, you didn't sign any contracts saying you can't implement it.

> Innocence until proven guilty should mean the burden of proof is on the prosecutor to prove you actually looked at it right?

It wouldn't be criminal, just civil, and civil trials have much lower standard for the burden of proof. It's just preponderance of evidence (more likely than not), instead of beyond all reasonable doubt.